Laws of the People's Republic of China

The State Supervision Bureau of Security Production, the State Bureau of Security Supervision of Coal Mines

Decree of the State Supervision Bureau of Security Production and the State Bureau of Security Supervision of Coal Mines

No. 4

The Measures for Administrative Punishment of Coal Mines Security Supervision have passed the review at the directorate meeting of the State Supervision Bureau of Security Production (the State Bureau of Security Supervision of Coal Mines), which are hereby promulgated and will come into force as of August 15, 2003.

The State Supervision Bureau of Security Production

The State Bureau of Security Supervision of Coal Mines

July 2, 2003

Measures for Administrative Punishment of Coal Mines Security Supervision

Article 1

In order to punish the violation of coal mine security, to standardize the administrative punishment of coal mine security supervision and to safeguard the production of coal mines by force of law, the Measures are hereby formulated in accordance with the provisions of the Regulations on Coal Mine Security Supervision, other relevant laws and administrative regulations.

Article 2

The State Bureau of Coal Mine Security Supervision, provisional bureaus of coal mine security supervision and offices of coal mine security supervision (hereinafter referred to as the supervisions institution of coal mine security) shall apply the Measures for implementing administrative punishment with the coal mines and their personnel in violation of the security production laws, administrative laws and regulations, departmental regulations, state standards, industrial standards and procedures (hereinafter referred to as the behaviors in violation of the coal mine security law). Any matters not specified in the Measures shall adopt the measures for administrative punishment for violation of the security production, provided that the relevant laws and administrative regulations shall apply if otherwise stipulated.

Article 3

The provisional bureaus of coal mine security supervision and offices of coal mine security supervision shall adopt the territorial principle in implementing administrative punishment.

In case the State Bureau of Coal Mine Security Supervision holds it shall implement the administrative punishment, the State Bureau of Coal Mine Security Supervision shall have the jurisdiction.

In case of dispute over the jurisdiction of the administrative punishment between no less than two institutions of coal mine security supervision, the common superior institution of coal mine security supervision may designate one of them for the jurisdiction.

Article 4

The parties concerned are entitled to make statement or petition and defenses against the administrative punishment determined by the supervision institution of coal mine security, and if objecting to the administrative punishment, the parties concerned are entitled to apply for administrative reconsideration or bring forth administrative proceedings.

If damaged due to determination of administrative punishment by the supervision institution of coal mine security in violation of law, the parties concerned are entitled to claims for compensations.

Article 5

When performing public functions, the supervisors of coal mine security shall present the certificate of coal mine security supervision.

Article 6

In case of violation of the coal mine security found during examination, the supervision institution of coal mine security and its supervisors may offer the following on-site treatment:

(I)

On-site correction or requiring for correction within time schedule;

(II)

Order to meet the requirements in time schedule specified;

(III)

Order to stop operations (construction0 or immediate stop of use;

In case of refusal to correction upon on-site determination or in case of violation of coal mine security requiring for administrative punishment by force of law, determination should be made on administrative punishment buy force of law.

Article 7

In case the designing of security facilities of the coal mine construction project fails to pass the examination and approval by the supervision institution of coal mine security, punishment should be accorded as follows:

(I)

In case of ordering stop of the coal mine, fines no more than RMB50,000 may apply concurrently;

(II)

In case of ordering stop of the undertaking enterprises of coal mine, fines no more than RMB50,000 may apply concurrently.

Article 8

In case the security facilities of coal mine construction project fails to go through acceptance examination or fails to pass the acceptance examination but is put into production, orders will be made for stop of production and for correction, and fines no more than RMB50,000 may apply concurrently.

Article 9

In case the security conditions of the coal mine construction project fails to go through acceptance examination or fails to pass the acceptance examination but is put into production, orders will be made for stop of production, and fines of RMB50,000 through RMB100,000 may apply concurrently.

Article 10

In case the ventilation, fire-proof, water-proof, gas-proof, poison-proof and dust-proof security facilities of the wells of the coal mine fail to meet the statutory requirements, orders will be made for corrections within time schedule specified, and in case of failure to reach the requirements upon expiry of such time schedule, orders will be made for stop of production and for correction.

Article 11

In case the ventilation, fire-proof, water-proof, gas-proof, poison-proof and dust-proof security production conditions of the wells of the coal mine fail to meet the statutory requirements, orders will be made for stop of production and for rectification, and in case the statutory conditions for security production may still not be met after stop of production and rectification, the coal mine shall be closed.

Article 12

In any of the following cases relating to the operation sites of the coal mine, orders will be made for correction within a specific time schedule and in case no correction has been made upon expiry of such time schedule, orders shall be made for stop of production and for rectification, together with concurrent fines no more than RMB30,000.

(I)

no use of special explosive-resistance electric equipment;

(II)

no use of special explosion devices;

(III)

no use of person-specific lifting containers;

(IV)

lighting by open fire or open electricity.

Article 13

In case the coal mine fails to collect or use the special fund for the security technological measures of coal mines, orders will be made for corrections within a specific time schedule; in case no corrections have been made upon the expiry of the time schedule, concurrently with fines no more than RMB50,000. In serious cases, orders shall be made for stop of production and for rectification.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Production security incidents due to failure of collection or use of the special fund for the security technological measures of coal mines; and

(III)

Other acts of serious circumstances.

Article 14

In case the coal mine uses the equipment, apparatus, instruments, meters or preventive articles that do not meet the state security or industrial security standards, orders shall be made for corrections in specific time schedule or stop of use; and in case of failure of corrections or immediate stop of use upon expiry of the time schedule, fines make be made no more than RMB50,000; and in serious cases, orders shall be made for stop of production and rectifications.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Production security incidents due to use of the equipment, apparatus, instruments, meters or preventive articles that do not meet the state security or industrial security standards; and

(III)

Other acts of serious circumstances.

Article 15

In case the mechanic-electric equipment and security instruments of the coal mine enterprise have not be operated, examined or maintained according to the following provisions with archives set up, orders shall be made for corrections, and fines no more than RMB20,000 may be accorded concurrently:

(I)

Irregular examination and maintenance of the mechanic-electric equipment and security and testing instruments without technological archives established;

(II)

Operation of the equipment by those people other that the responsible persons;

(III)

Electrical operations by people other than those on duty;

(IV)

The persons operating the electrical equipment have not adopted reliable insulation protection and detecting electrical devices when operating with power load.

Article 16

In case the excavation operation under the coal mine does not adopt propping management according to the provisions on operation procedures; there is no reinforced propping and supporting when going through the breaking geological layer or other broken propping belts; in case of open culling and peeling operations where no control has been adopted on the by-stage height, width, slope angle or ultimate edge slope angle on the surface of the culling and peeling operation in compliance with the designed provisions; or in case of culling and peeling operations and soil discharge operations that damages the deep or neighboring well tunnels, orders will be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 17

In case the coal mine fail to execute the gas examination system strictly, and the operation workers under the well bring tobacco and ignition utilities, orders will be made for correction, and fines no more than RMB20,000 may apply concurrently

Article 18

In case the cola mines go on digging operations in case of gas emergence and impulsion underground pressure; digging and exploration are undertaken under the buildings, railways or underwater without protection; digging and exploration are done in the areas of abnormal ground temperature or with gushing of hot water, when special designing documents have not been prepared or submitted for approval by the competent department, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 19

In case the density of gas, powder dust or other poisonous and harmful gas in the operation areas of the coal mine exceeds the state security standards or industrial security standards, orders shall be made for stop of production; and incase of refusal to stop operations, orders shall be made for stop of production and corrections, and fines no more than RMB100,000 may apply concurrently.

Article 20

In case no effective measures have been adopted for prevention of nature fire in the mine with possibility of fire, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 21

In case the coal mine goes on with digging and exploration operations in the areas with dangers of contingent water incidents without adopting the drainage measures, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 22

In case the wind volume, wind quality, speed or operation climate in the coal mine do mot meet the provisions of the security procedures of the coal mine, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 23

In case the coal mine has not adopted comprehensive measures for prevention of dust in the operation site of powder dust, orders shall be made for corrections, and fines no more than RMB20,000 may apply concurrently.

Article 24

In case of willful exploration of the safeguarding coal pillars, or undertakings of exploration operations by dangerous means that may endanger the production securities of the neighboring coal mine, such as running of water, explosion and opening of the tunnels, orders shall be made for stop of operations; and in case of refusal to stop operations thereof, the supervision institution of coal mine security may decide to repeal the licensee for coal production and move the case to the competent geological and mineral departments for repeal of the license of mineral exploration by force of law.

Article 25

In any of the following cases relating to the coal mine, warnings may be made and fines no more than RMB20,000 may apply concurrently. In serious cases, orders shall be made for stop of production and rectification:

(I)

The relevant personnel refuse and block the on-site examination by the supervision institution of coal mine security and the relevant supervisors;

(II)

Provision of false statements;

(III)

Concealing of the existing hidden risks of incidents and other security problems.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Production security incidents due to concealing of the existing hidden risks of incidents and other security problems; and

(III)

Other acts of serious circumstances.

Article 26

In case of incidents with the coal mine in any of the following circumstances, warning will be given, and fines of RMB30,000 through 150,000 may apply concurrently. In serious cases, orders shall be made for stop of production and rectifications:

(I)

Failure of timely and faithful report of the incidents in compliance with the provisions;

(II)

Forgery and intentional destruction of the site of the incidents;

(III)

Blocking and interfering with the investigation on the incidents, refusal to accept the investigation and collection of evidence, or to provide the relevant circumstances or materials.

The serious cases herein include the following circumstances:

(I)

Refusal to correct the defaults;

(II)

Occurrence of materials incidents of injuries or death;

(III)

Small number of death but with serious damages or destructions;

(IV)

Severe nature with big social influences; and

(V)

Other acts of serious circumstances.

Article 27

In case the administrative punishment is required in case of failure to meet the statutory production security conditions after stop of production and rectifications, the supervision institution of coal mine security shall submit the case for determination by the people's government above county level according to the authority specified by the State Council.

Article 28

The supervision institution of coal mine security and its supervisors shall implement the administrative punishment in accordance with the procedures specified by the Measures for Administrative Punishment for Violation of Security Production and adopt the uniform enforcement documents for coal mine security supervision.

Article 29

The department in charge of the coal mine security supervision designated by the people's government of the provinces and autonomous regions that have not set up the provincial bureaus of coal mine security supervision shall implement the administrative punishment for the acts in violation of the coal mine security in the corresponding administrative divisions according to the Measures.

Article 30

The Measure shall come into force on August 15, 2003, when the Interim Measures for Administrative Punishment of Coal Mine Security Supervision will be repealed.